www.changingone.com Terms of Use
Last Updated: December 21, 2011
Welcome to www.changingone.com (the “Website”), the website of Changing One, LLC, a California limited liability company “Changing One” or “Company”. Where used in this agreement and on the Website, “Changing One” and “Company” also mean Changing One, LLC together with its member(s), officers, directors, agents, employees, partners and affiliates. Where used in this agreement “Service(s)” means any services provided on or through the Website. Please read these Terms of Use ("Agreement" or "Terms of Use") carefully before accessing the Website or using the Services. By accessing and using this Website, including but not limited to visiting or browsing the Website ,you (“you” or “User”) agree to be bound by these Terms of Use and all terms incorporated by reference. This Agreement applies to all users of the Website or Services. If you do not agree to all of these Terms of Use, do not use or access this Website.
- Acceptance of Terms
- Modification of Terms of Use
- Proprietary Rights
- Acceptable Use
- Third Party Site
- Disclaimers
- Limitation of Liability
- Governing Law; Resolution of Disputes; Arbitration and Waivers
- Indemnification
- Term; Termination
- Entire Agreement; Severability
The Services are offered subject to your acceptance, without modification, of all of the terms and conditions contained herein, which terms and conditions include the Privacy Policy available at www.changingone.com/privacypolicy and all other operating rules, policies and procedures that may be published from time to time on the Website by Company, each of which is incorporated by reference herein and each of which may be updated by Company from time to time without notice to you.
The Service is available only to individuals who are at least 18 years old. You represent and warrant that if you access, browse or use the Website, you are at least 18 years old, are of legal age to form a binding contract, and that all registration information you submit is accurate and truthful. Company may, in its sole discretion, refuse to offer the Service to any person or entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the Service is revoked in such jurisdictions.
This Agreement supersedes any previous Terms of Use to which User and Changing One may have been bound regarding the use of the Website. This Agreement may be modified by Changing One in its sole discretion from time to time and such modifications shall automatically become part of this Agreement and shall be effective once posted by Changing One on the Website. Company reserves the right, at its sole discretion, to modify or replace any of these Terms of Use, or change, suspend, or discontinue the Service (including without limitation, the availability of any feature, database, or content) at any time. Company may also impose limits on certain features and Services or restrict your access to parts or all of the Website and/or Service(s) without notice or liability to you. It is your responsibility to check the Terms of Use periodically for changes. Your continued use of the Service following the posting of any changes to the Terms of Use constitutes acceptance of those changes.
"Changing One", “Health Wellness and Fitness” and the "Changing One" logo are trademarks and service marks of Changing One. Changing One or its licensors own and retain all proprietary rights in the Website and all material and information posted thereon ("Content"). The Website contains the copyrighted material, trademarks and other proprietary information of Changing One and its licensors. You may display and print limited copies of the Content for your personal, non-commercial use in connection with your use of the Website (except as provided herein), but you may not alter, modify, publish, distribute, publicly display, copy, transmit or sell any Content or other proprietary information of Changing One without the express, prior, written permission of Changing One.
If you post any messages or information on the Website, you agree that such messages and information shall be considered Content, and you agree to grant, and shall be deemed to have automatically granted to Changing One an irrevocable, perpetual, non-exclusive, fully-paid, assignable, sub-licensable, worldwide license to: (a) use, copy, perform, display and distribute such information and content; (b) modify, alter, prepare derivative works of, and/or incorporate into other works, such information and content; and (c) grant and authorize sublicenses of the foregoing. You represent and warrant that you have the right, power and authority to grant the foregoing license.
You acknowledge, consent, and agree that Changing One may, at its sole discretion and to the extent permitted by law, access, read, preserve and disclose your account information, usage history and submitted Content to third parties in compliance with the Changing One Privacy Policy.
The Website is for use in connection with the Services and may not be used by you for any other purpose. Your use of the Website shall be in strict compliance with this Agreement, Changing One's Privacy Policy, all other procedures and guidelines set forth on the Website and applicable law. You may not engage in advertising to, or solicitation of, any user or client of Changing One to buy or sell any products or services through the Website.
The Website may contain links to other websites or resources on the internet, and other websites or resources may contain links to the Website. When and if you access third party websites through the Website you do so at your own risk. These other websites are not under Company's control, and you acknowledge that Company is not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link does not imply endorsement by Company or any association with its operators. You further acknowledge and agree that Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance upon any third party content, goods or services available on or through any third party website or resource.
The Content of, and information posted on, the Website are based upon the opinions of Changing One or its member(s) and agents, unless otherwise noted. Individual articles posted on the Website are based upon the opinions of the respective author, who retains copyright in the material. The Content and information on the Website are not intended to replace a relationship with a qualified, licensed health care professional and are not medical advice. The Content and Website are intended as a sharing of knowledge and information from the research and experience of Changing One and its memebr(s) and agents. Changing One encourages you to make your own health care decisions based upon your research and experience and in partnership with a licensed, qualified health care professional.
With respect to the Website, Changing One assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any communications.
Under no circumstances will Changing One be responsible for any loss or damage, including personal injury or death, resulting from any use of the Website or Services. Changing One does not represent, warrant, covenant, guarantee, nor promise any specific results from use of the Website.
THE WEBSITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY SERVICE OR ADVICE PROVIDED IN CONNECTION WITH IT, IS PROVIDED "AS IS" WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS WEBSITE AND THE SERVICES.
Changing One makes no representation or warranty, express or implied, with respect to any data or information provided to Changing One or that data’s transmission, timeliness, accuracy or completeness. Changing One will not be liable in any way to you, or to any other person, due to any negligent act or omission by Changing One, "force majeure" or any other cause beyond the control of Changing One resulting in any inaccuracy, error or delay in or omission of any data or the transmission or delivery of any data; or any loss or damage arising from any inaccuracy, error, delay, omission, non-performance, or interruption of any data.
You understand, acknowledge and agree that any and all decisions made by you with respect to your health, wellness, fitness, the Website or Services are yours alone. Changing One is not and shall not be responsible, or have any duty or obligation to, or liability for, decisions or actions taken by you resulting (directly or indirectly) from your use of the Website. In no event shall Changing One’s liability ever exceed the amounts paid by you to Changing One in the twelve months preceding the event for which liability is alleged. Changing One will not be liable for any damages, costs, losses or expenses you may incur as a result (directly or indirectly) of using or accessing the Website, Services or information received in connection with the Website or Services. In addition, in no event will Changing One be liable to you or any third person for any damages, costs, losses or expenses, including any lost capital, lost profits, or special, incidental, consequential or punitive damages arising from your use of the Website, even if Changing One has been advised of the possibility of such damages, costs, losses or expenses.
This Agreement is governed by the laws of the State of California, one of the United States, without regard to its or any other jurisdiction's choice of law or conflict of law provisions. If any dispute arises between you and Changing One, including, without limitation, any dispute arising from or relating to the Website or the Services, you agree that your only remedy is for such dispute to be determined exclusively by final and binding arbitration, in accordance with the then existing commercial rules of the American Arbitration Association in Oakland, California. The arbitration shall be heard and adjudicated by one arbitrator to be selected by agreement between you and Changing One. Any award will be final, conclusive and binding upon the parties, subject only to judicial review provided by California statute. A judgment rendered on the arbitration award can be entered in any court of competent jurisdiction. Notwithstanding the foregoing, either you or Changing One may seek any injunctive relief exclusively in state or federal court in Oakland, California, as may be necessary to preserve rights pending the completion of arbitration. Changing One may also seek any injunctive relief in a state or federal court in Oakland, California, or another court of competent jurisdiction, at any time against any violations of Section 3 (Proprietary Rights) or Section 4 (Acceptable Use) of this Agreement.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, BY AGREEING TO SUBMIT ALL DISPUTES TO BINDING ARBITRATION, YOU WAIVE YOUR RIGHT TO A JURY OR COURT TRIAL OF ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF, RELATED TO OR BASED UPON THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO CAUSES OF ACTION BASED ON CONTRACT, TORT AND BREACH OF DUTY.
You shall defend, indemnify, and hold harmless Changing One, its member(s), agents and affiliates, and each of its affiliate’s employees, contractors, directors, suppliers and representatives from all liabilities, claims, and expenses, including reasonable attorneys' fees, that arise from or relate to your use or misuse of, or access to, the Website or Services, your violation of the Terms of Use, or infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity. Company reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with Company in asserting any available defenses.
This Agreement will remain in full force and effect while you use the Website or the Services. Whether or not you are and remain eligible to use the Website or Services, may be determined by Changing One in its sole and absolute discretion.
All provisions of the Terms of Use which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
This Agreement, accepted upon your use of the Website, contains the entire agreement between you and Changing One regarding your use of the Website. This Agreement may not be orally amended. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect.